
For Americans with disabilities, having safe and accessible housing is a priority and a right. As a renter, knowing your housing rights and state requirements for rental properties is an important component of finding your next apartment. Compliance with the ADA (Americans with Disabilities Act) is part of a landlord’s responsibility to provide safe and accessible housing. We’ll provide all of the information you need to know about ADA compliance in rental housing to make your next home the best and most inclusive space possible.
What is the Americans with Disabilities Act?
The Americans with Disabilities Act, also referred to as ADA, was signed into law in 1990. The civil rights law prohibits discrimination based on disability, and protects individuals from these discriminations in both areas of employment and accessibility in public spaces. For housing, the ADA also protects those with disabilities by requiring landlords and property owners to provide reasonable accommodations and modifications to rental properties.
What are reasonable accommodations and modifications?
Under the Fair Housing Act (FHA) a reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service. The FHA also requires that seven design features be incorporated into buildings built after 1991 to allow for quick adaptation of units to meet accessibility guidelines. These requirements include the following:
- Accessible entrances
- Accessible public use areas
- Usable doors
- Reachable light switches, thermostats, and electrical outlets
- Reinforcements for walls to allow for grab bars
- Accessible kitchen and bathrooms
- Access to and through a covered dwelling
The FHA requires all “covered multifamily dwellings” intended for occupancy after 1991 to be ADA accessible and compliant. Covered multifamily dwellings refers to a unit in an apartment complex, condominium, timeshare, cooperative, public housing building, nursing home or assisted living facility. These ADA requirements must be met in all buildings with four or more dwelling units and one elevator. In buildings with no elevator, the FHA requires that these modifications be made to units on the ground floor. All public areas, such as the parking lot and leasing office, must also be made compliant.
Who can request reasonable accommodations or modifications?
Any person with a disability is legally entitled to request accommodations or modifications within reason. This ensures that all people regardless of disability are able to live in rental units with the same safety, inclusivity, and comfort as all residents. Landlords and property managers are not legally allowed to deny any reasonable requests or discriminate against any tenant, prospective or current, with disabilities.
Who pays for reasonable accommodations or modifications?
Landlords are responsible for paying for the accommodations to make a property ADA compliant. However, renters may be financially responsible for paying for structural modifications. The exception to this is if the rental is listed as a federally assisted housing structure. Landlords may also request that renters remove the modifications from the unit at the time of vacating, such as wall mounts or handlebars.
Proving the need for reasonable accommodations and modifications
Landlords and property owners are able to request proof that reasonable accommodations and modifications will address the needs of the tenant. Persons with disabilities may be asked to provide documentation from a medical professional detailing the diagnosis and the implications of the disability on the daily life of the tenant as it relates to the living space.
Additional statues for renters with disabilities
In addition to the FHA, Section 504 of the Rehabilitation Act further details nondiscrimination rights for persons with disabilities. While this section covers a wide scope, it also relates to housing, and protects tenants with disabilities from encountering any discrimination, including extra fees or deposits associated with accommodations. This particular section relates to any housing receiving federal HUD assistance.
Service and emotional support animals for persons with disabilities
Reasonable accommodations also relate to the renter’s right to have a service animal live in the rental unit regardless of pet policies. Under the Fair Housing Act, property owners are obligated to allow the use of animals that work, provide assistance, or perform tasks that benefit persons with disabilities. Landlords are allowed to request documentation for registered service animals including certificates and vet records.
What to do if your reasonable accommodation request is denied
The housing provider has an obligation to provide renters with disabilities reasonable accommodations and modifications. If a provider is unresponsive to a request, this may also be deemed as a denial. In cases where a request for accommodation is denied or unable to be agreed upon, the renter may file a complaint with FHEO. The complaint will then be investigated.
Understanding your rights as a renter is an important component in guaranteeing the safe and comfortable enjoyment of your apartment. Renters with disabilities are provided protections under the FHA and ADA to guarantee these rights for all. To learn more about your rights as a renter please visit ADA.gov.